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Updated: Labor Department Withdraws Opinion Letter on Truck Driver Sleeper Berth Time

 

Back in 2019, the Labor Department (under former President Donald Trump) issued an opinion letter in which it held that if a truck driver is completely relieved of duty and is provided with adequate sleeping facilities (ie in the truck’s sleeping berth), the driver is not “working while riding” and therefore is not entitled to compensation for that time under the Fair Labor Standards Act (“FLSA”).

Fast forward to a new Labor Department under President Joe Biden, which is taking a more employee friendly approach to employment law topics.  Within the past few weeks, the Labor Department has withdrawn several opinion letters issued over the past few years, including the 2019 opinion letter.  With the withdrawal of that 2019 opinion letter, the Labor Department has reverted to the prior standard that had been in place.  In doing so, only up to 8 hours of sleeping time may be deducted from a driver’s trip that is 24 hours or longer.  For any trip under 24 hours, no sleeping time may be deducted from a driver’s trip.

In its decision to withdraw the 2019 opinion letter, the Labor Department stated the 2019 opinion letter was inconsistent with longstanding interpretations regarding the compensability of time spent in a truck’s sleeper berth under the FLSA and the 2019 opinion letter failed to state why it was moving away from the prior standard.


For additional information:  https://www.truckinginfo.com/10137215/biden-administration-withdraws-letter-on-sleeper-berth-pay

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